Court frees Kisumu man who killed wife’s lover

On the night of December 6, 2022, the COO entered his home in Manyatta Estate, Kisumu County, and caught his wife in the act with a neighbor.

Seething with rage, the operations director attacked the man identified as EMO with a panga and killed him.

COO would later summarize the intensity of the anger that aroused in him at that moment by stating that he did not know what happened after surprising the deceased in his marital bed. He told the court that all he could remember was handing himself in to police afterwards.

Despite having warned EMO repeatedly to keep his wife away, the COO revealed to the court, the offender continued the romantic relationship.

The murder led to the COO being jailed for 18 months by Kisumu High Court Judge Roselyne Aburili, who was persuaded by the law of insanity.

The operations manager is a boda boda rider, while EMO was a laborer working in the neighborhood.

In his testimony before the court, the COO narrated how on the day of the events he went to the hospital to bring milk to his sick son, only to find the child alone and without the mother. When he asked other patients in the ward, they told him that his wife had left.

He called her on the phone to establish her whereabouts and she informed him that she had returned home to care for her other son, who she said was also sick.

Sick kid

“The accused remained in the hospital with the sick child until 6 p.m. when he decided to go home. It was the testimony of the accused that he found the deceased and his wife having sexual relations. He became angry and found himself at the police station at 8 p.m., although he did not remember what he told the police,” Judge Aburili said in her sentencing.

The operations director testified that he had no intention of killing EMO.

Following the attack, a taxi driver, also a neighbour, took EMO to the Jaramogi Oginga Odinga University and Referral Hospital, but he unfortunately succumbed to his injuries.

According to Dr. Lucy Ombok, who performed the autopsy, EMO died as a result of severe bleeding caused by several deep cuts to the body, especially around the neck.

The defense attorney relied on Proverbs 6:32-35: “He who commits adultery with a woman lacks understanding. He who does this destroys his own soul. Wounds and disgrace he will receive. And his reproach will not be blotted out. Because jealousy is the husband’s anger; therefore he will not forgive on the day of vengeance. He will not accept any reward, nor will he be appeased even if you give him many gifts.

Curiously, not even EMO’s wife came to testify in favor of her husband. According to the judge, the investigator informed the court that she refused to testify because she had previously warned him against the matter.

The eight prosecution witnesses testified that the reason the COO attacked EMO was because he found him with his wife.

“He was a caring man, as can be seen from the testimony in which he participated in the care of his sick son, spending the night in the hospital,” reads part of the sentence.

In a compromising situation

The court found that the evidence presented demonstrated that the defendant had surprised EMO several times in a compromising situation with his wife and had warned him to stay away from her.

Perhaps this latest case in which he trapped EMO and his wife in their own home, the judge said, may have pushed him over the edge.

“I am convinced that the accused illegally killed the deceased in the heat of passion, after having found him having sexual relations with his wife, who had abandoned a sick child in the hospital. “I find and hold that premeditated malice was not proven beyond a reasonable doubt, despite the serious multiple injuries inflicted on the deceased with a panga,” Judge Aburili said, adding that the accused claimed that he was temporarily insane at the time of the incident. who committed the crime.

He based his ruling on the notion that people who cannot appreciate the consequences of their actions should not be punished if those actions turn out to be criminal acts.

“Article 12 of the Penal Code recognizes that insanity will only be a defense if it is proven that at the time of the commission of the charged crime, the accused, for reasons of mental illness, was incapable of knowing that it was incorrect or contrary to the law. ”said the judge.

And he added: “But although he did not have murder in mind, he illegally killed the deceased by being deprived of the self-control that induced him to commit the crime. He was not justified in taking life, but before the courts, that was already a thing of the past.”

The court found the COO not guilty of murder, but convicted him of involuntary manslaughter and sentenced him to 18 months in prison.

And since he had been detained since December 6, 2022, when he surrendered to the police, the court released him.

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